Next-Gen Aquaculture in India: Harnessing RAS and Bio-floc Technology in Blue Economy (See 'Corp Brief') Fighting Air Pollution is continuous Programme: EFCC Secretary (See 'Corp Brief') From Struggles to Success: KVIC is Inspiring Entrepreneurial Journeys (See 'Corp Brief') NI Act is not primarily punitive rather is compensatory in nature, with focus on recovery of amount in question: HC (See 'Legal Desk') India should target 10 Million Medical Value Tourists Annually: Goyal (See 'Corp Brief') CIL's daily Average Production Rises 35% (See 'Corp Brief') e-FAST India launches PACT to support accelerated zero-emission freight deployment in India (See 'Corp Brief') Chouhan reviews action plan for strengthening KVKs through greater State participation (See 'Corp Brief') CPC - leave granted u/s Clause XII of the Letters Patent confers jurisdiction exclusively on High Court & does not bind or preserve the territorial jurisdiction of a subordinate civil court upon transfer: HC (See 'Legal Desk') Minister says early industry participation can make technologies market-ready (See 'Corp Brief') Dynamic Local Level Planning imperative for documenting Local Biodiversity: Yadav (See 'Corp Brief') National Zoological Park Organises Sunday Bird, Butterfly and Dragonfly Walks to Promote Science (See 'Corp Brief') SEBI - Writ court's intervention is required in a private contractual dispute between petitioner & broker where any contractual or statutory remedies available under SEBI Act is not invoked: HC (See 'Legal Desk') 1st Batch of Corporate Mitra Course Commences with 2879 Learners registered (See 'Corp Brief') SAIL posts strong sales and production growth in August 2026 (See 'Corp Brief') MoS felicitates 'Team India School Children' for Historic Best-Ever Performance (See 'Corp Brief') Coal India Output and Dispatch Set to Accelerate as Monsoon Effect Wanes (See 'Corp Brief') SEBI - Any notice or assessment order is invalid where passed in respect of an entity that has been struck off Register of Companies & has since been dissolved: SEBI (See 'Legal Desk') MoS launches BIO-NIVESH to Catalyse Investment and Scale-Up of Biotechnology Innovations (See 'Corp Brief') Media Registration Open for SEMICON India 2026 (See 'Corp Brief') CPC - Objection regarding pecuniary jurisdiction cannot be entertained at stage of final arguments when no such objection is raised by defendant at earliest opportunity or before settlement of issues: HC (See 'Legal Desk') Nadda inaugurates Centre for Advanced Bladder Diagnostics (See 'Corp Brief') NIELIT and Intel India launch Agentic AI Skilling Programs (See 'Corp Brief') IBC - IRP has contravened statutory mandate of IBC by omitting to maintain formal minutes of meetings & relying instead on informal email communications & where IRP omits to act strictly as per prior instructions of CoC: IBBI (See 'Legal Desk') BRICS Members reaffirm Commitment for Multilateral Cooperation in Intellectual Property (See 'Corp Brief') Digital India BHASHINI and Kathmandu Univ explore Collaboration in Language AI (See 'Corp Brief') IBCA, ADB sign MoU strengthening collaboration in Landscape Conservation (See 'Corp Brief') IPR - For deciding territorial jurisdiction at inception of suit, if plaintiff's pleadings sufficiently allege that defendant has digital presence accessible, suit cannot be summarily thrown out for lack of jurisdiction: HC (See 'Legal Desk') EPFO seeks applications from potential beneficiaries (See 'Corp Brief') CCI okays acquisition of up to 100% equity of Apollo Fertility & Apollo Specialty by Kids Clinic India (See 'Corp Brief') IBC - Definition of 'associate' u/s 79(2)(g) cannot be expanded beyond its statutory text, and procedural irregularities such as absence of forensic audit do not warrant rejection if no actual prejudice is demonstrated: NCLT (See 'Legal Desk') Wow! 7.8% growth but it also does not reveal many things! (See CORP EINSICHT)

CCI imposes penalty on maritime transport companies

Published: Jan 24, 2022

By TIOLCorplaws News Service

NEW DELHI, JAN 24, 2022: THE  Competition Commission of India ('CCI') passed a final order against four maritime transport companies namely Nippon Yusen Kabushiki Kaisha ('NYK Line'), Kawasaki Kisen Kaisha Ltd. ('K-Line'), Mitsui O.S.K. Lines Ltd. ('MOL') and Nissan Motor Car Carrier Company ('NMCC') for indulging in cartelisation in the provision of maritime motor vehicle transport services to automobile Original Equipment Manufacturers (OEMs) for various trade routes. Amongst these four companies, NYK Line, MOL and NMCC were lesser penalty applicants before CCI.  

The evaluation of available evidence revealed that there was an agreement between NYK Line, K-Line, MOL and NMCC with the objective of enforcement of “Respect Rule”, which implied avoiding competition with each other and protecting the business of incumbent carrier with the respective OEM. To achieve the said objective, the maritime transport companies resorted to multi-lateral as well as bilateral contacts/ meetings/ e-mails with each other to share commercially sensitive information which, inter alia, included freight rates. They also aimed to preserve their position in the market and maintain or increase prices, including by resisting requests for price reduction from certain OEMs. 

Accordingly, based on a cumulative assessment of the evidence, the Commission held all the four opposite parties, i.e., NYK Line, K-Line, MOL and NMCC, guilty of contravention of the provisions of Section 3 of the Competition Act, 2002 (the Act), which prohibits anti-competitive agreements including cartels, from 2009 to 2012. Further, 14 individuals of NYK Line, 10 individuals of K-Line, 6 individuals of MOL and 3 individuals of NMCC, were also held liable for the anti-competitive conduct of their respective companies, in terms of the provisions of Section 48 of the Act. 

As three companies filed lesser penalty applications, the Commission gave benefit of reduction in penalty by 100% to NYK Line and its individuals, 50% to MOL and its individuals and 30% to NMCC and its individuals. Accordingly, the Commission directed K-Line, MOL and NMCC to pay penalties to the tune of approx. INR 24.23 crores, INR 10.12 crores and INR 28.69 crores respectively, besides passing a cease-and-desist order.

TIOL CORP SEARCH

TIOL GROUP WEBSITES